(2) The petition and all subsequent court documents in the proceeding must be entitled "In the matter of _____, a child." The petition must be in writing, signed by the petitioner or the petitioner’s attorney and verified.
(3) When the petition is filed by a peace officer, district attorney, attorney general, juvenile department counselor, employee of the Department of Human Services or employee of the Oregon Youth Authority, the petition may be verified upon the information and belief of the petitioner. In all other cases, the petition must be based on the personal knowledge of the petitioner.
(4) The petition alleging jurisdiction must set forth in ordinary and concise language such of the following facts as are known and indicate any that are not known. The petition shall:
(a) Contain the name, age and residence of the child.
(b) Contain the facts that bring the child within the jurisdiction of the court, including sufficient information to put the parties on notice of the issues in the proceeding.
(c) Contain the name and residence of the child’s parent and, in cases under ORS 419B.100, the names of persons with whom, and the places where, the child has resided for the previous five years.
(d) Indicate whether there is a proceeding involving the custody of the child pending in any court.
(e) Indicate whether a person other than a parent has or claims to have physical custody of the child and, if so, the name and residence of the person having physical custody of the child.
(f) Indicate whether the petitioner has participated in any capacity in any other proceeding concerning the custody of or parenting time or visitation with the child and, if so, the court, case number and date of any child custody determination.
(g) Indicate whether the petitioner knows of any proceeding that could affect the current proceeding and, if so, the court, case number and date of the proceeding.
(5) At any time after a petition is filed, the court may make an order providing for temporary custody of the child.
(6) The court, on motion of an interested party or on its own motion, may at any time direct that the petition be amended. If the amendment results in a substantial departure from the facts originally alleged, the court shall grant such continuance as the interests of justice may require.
(7) Prior to an adjudicatory hearing on the petition, the court may dismiss the petition provided that every party has had an opportunity to investigate and present a case supporting the petition or has waived the opportunity to investigate and the right to present a case. At or after an adjudicatory hearing, the court may dismiss the petition at any other stage of the proceedings.
(8) The petition for jurisdiction must be in substantially the following form.
______________________________________________________________________________
IN THE CIRCUIT COURT
OF THE STATE OF OREGON
FOR ____________ COUNTY
In the Matter of )
) No.
) Petition No.
)
A Child. ) PETITION
TO THE ABOVE-ENTITLED COURT:
Petitioner, whose name appears below, respectfully represents to the Court as follows:
1. The name, age and residence of the above-named child are as follows: (name); (age);
(DOB); (resides at), _______________, Oregon. (Alternative: The name and age of the above-named
child are as follows: ________. The child’s residence is provided in a sealed document because
providing that information would jeopardize the health, safety or liberty of the child or of
a party to the case. ORS 109.767.)
2. The child is within the jurisdiction of the Court by reason of the following facts:
A. _______________
B. _______________
3. Uniform Child Custody Jurisdiction and Enforcement Act information:
A. Child(ren)’s present address: _______________ (Alternative: The child’s present address is
provided in a sealed document because providing that information would jeopardize the
health, safety or liberty of the child or of a party to the case. ORS 109.767.)
B. Places the child(ren) has lived during the previous five years:
C. Names and present addresses of persons with whom child(ren) has lived during that
period:
D. The petitioner has/has not participated as a party or witness or in any other
capacity in any other proceeding concerning the custody of or parenting time or visitation
with the child. Court, case number and date of any child custody determination:
E. Petitioner knows/does not know of any proceeding that could affect the current
proceeding. Court, case number and date of the proceeding:
F. Petitioner knows/does not know of any person who has physical custody of the
child(ren) or claims rights of legal custody, physical custody, parenting time or visitation
with the child(ren). Names and addresses of such persons:
4. The child resides in ___________ County.
5. The name and present address of each parent is as follows:
6. The petition is not filed pursuant to the direction of this Court.
WHEREFORE, petitioner prays this Court to have an investigation made of the circumstances concerning the above-named child and to make such order or orders as are appropriate in the circumstances.
DATED: ____________, 2___.
__________________
Petitioner
STATE OF OREGON )
) ss.
County of ______ )
I, ____________, being first duly sworn, on oath or upon affirmation, depose and say that I am the petitioner in the above-entitled proceeding, that I have read the foregoing petition, know the contents thereof, and the same is true as I am informed and believe.
__________________
Petitioner
SIGNED AND SWORN to before me on ____________, 2___.
_____________________
SEAL (Alternate Verification)
STATE OF OREGON )
) ss.
County of ______ )
I, ____________, being first duly sworn, on oath or upon affirmation, depose and say that I am the petitioner in the above-entitled proceeding, that I have read the foregoing petition, know the contents thereof, and the same is true based on my personal knowledge of this matter.
__________________
Petitioner
SIGNED AND SWORN to before me on ____________, 2___.
_____________________
SEAL
______________________________________________________________________________ [2001 c.622 §4]
Structure 2021 Oregon Revised Statutes
Volume : 11 - Juvenile Code, Human Services
Chapter 419B - Juvenile Code: Dependency
Section 419B.005 - Definitions.
Section 419B.010 - Duty of officials to report child abuse; exceptions; penalty.
Section 419B.015 - Report form and content; notice.
Section 419B.016 - Offense of false report of child abuse.
Section 419B.019 - Investigation of report involving school; notification; rules.
Section 419B.023 - Duties of person conducting investigation under ORS 419B.020.
Section 419B.026 - Required findings for investigation conducted under ORS 419B.020.
Section 419B.028 - Photographing child during investigation; photographs as records.
Section 419B.030 - Central registry of reports.
Section 419B.035 - Confidentiality of records; when available to others; rules.
Section 419B.090 - Juvenile court; jurisdiction; policy.
Section 419B.100 - Jurisdiction; bases; Indian children.
Section 419B.116 - Intervention; caregiver relationship; rights of limited participation.
Section 419B.117 - Notice to parents or guardian of child; when given; contents.
Section 419B.121 - Return of runaway children to another state.
Section 419B.127 - Transfer to court of county of child or ward’s residence.
Section 419B.130 - Delegation of jurisdiction by county of residence.
Section 419B.132 - Delegation of jurisdiction among county juvenile courts.
Section 419B.150 - When protective custody authorized; protective custody order.
Section 419B.152 - Protective custody of runaway child.
Section 419B.155 - Protective custody not arrest.
Section 419B.165 - Release of child taken into custody; rules.
Section 419B.168 - Procedure when child is not released.
Section 419B.171 - Report required when child is taken into protective custody.
Section 419B.175 - Initial disposition of child taken into protective custody.
Section 419B.185 - Evidentiary hearing.
Section 419B.205 - Appointment of counsel for parent or legal guardian.
Section 419B.211 - Motion to withdraw as counsel.
Section 419B.220 - Appointment of surrogate.
Section 419B.223 - Duties and tenure of surrogate.
Section 419B.231 - Appointment; hearing; findings.
Section 419B.234 - Qualifications; duties; privilege.
Section 419B.237 - Duration of appointment; compensation.
Section 419B.305 - When hearing must be held; continuation; priority.
Section 419B.310 - Conduct of hearings.
Section 419B.325 - Disposition required; evidence.
Section 419B.328 - Ward of the court; duration of wardship.
Section 419B.335 - Department of Human Services reports regarding out-of-state placements.
Section 419B.337 - Commitment to custody of Department of Human Services.
Section 419B.340 - Reasonable or active efforts determination.
Section 419B.343 - Recommendations of committing court; case planning; plan contents.
Section 419B.349 - Court authority to review placement or proposed placement.
Section 419B.351 - Court approval of placement in qualified residential treatment program.
Section 419B.365 - Permanent guardianship; petition; when filed; procedure.
Section 419B.366 - Guardianship; motion; procedure.
Section 419B.368 - Review, modification or vacation of guardianship order.
Section 419B.369 - Guardianship study; rules.
Section 419B.371 - Community guardianship.
Section 419B.372 - Guardianship as incident of custody.
Section 419B.373 - Duties and authority of legal custodian.
Section 419B.376 - Duties and authority of guardian.
Section 419B.395 - Judgment of parentage or nonparentage.
Section 419B.400 - Authority to order support; collection.
Section 419B.408 - Enforcement of support order.
Section 419B.440 - Circumstances requiring reports; exceptions.
Section 419B.443 - Time and content of reports.
Section 419B.446 - Filing report.
Section 419B.449 - Review hearing by court; findings.
Section 419B.470 - Permanency hearing; schedule.
Section 419B.473 - Notice; appearance.
Section 419B.476 - Conduct of hearing; court determinations; orders.
Section 419B.500 - Termination of parental rights generally.
Section 419B.502 - Termination upon finding of extreme conduct.
Section 419B.504 - Termination upon finding of unfitness.
Section 419B.506 - Termination upon finding of neglect.
Section 419B.510 - Termination upon finding child conceived as result of rape.
Section 419B.517 - Mediation to be encouraged.
Section 419B.518 - Appointment of counsel for parents.
Section 419B.521 - Conduct of termination hearing.
Section 419B.524 - Effect of termination order.
Section 419B.527 - Disposition of ward after termination.
Section 419B.530 - Representation by Attorney General.
Section 419B.532 - Reinstatement of parental rights; rules.
Section 419B.550 - Definitions for ORS 419B.550 to 419B.558.
Section 419B.552 - Application for emancipation judgment; effect of judgment.
Section 419B.558 - Entry of judgment of emancipation.
Section 419B.600 - Policy on Indian child welfare.
Section 419B.603 - Definitions.
Section 419B.606 - Custody; presumption of continued custody.
Section 419B.609 - Acknowledgment or establishment of parentage.
Section 419B.612 - Best interests of Indian child.
Section 419B.615 - Assistance enrolling child in tribe; notice to parents.
Section 419B.618 - Determination of Indian child’s tribe.
Section 419B.621 - Judicial determination of Indian child’s residence, domicile and status as ward.
Section 419B.624 - Tribal-state agreements.
Section 419B.627 - Jurisdiction; limitations; tribal court assumption of jurisdiction.
Section 419B.630 - Motion to transfer to tribal court; objection; good cause to deny transfer.
Section 419B.633 - Transfer to tribal court.
Section 419B.642 - Qualified expert witness.
Section 419B.645 - Active efforts.
Section 419B.646 - Right to appear; withdrawal by party.
Section 419B.647 - Right to counsel.
Section 419B.648 - Right to examine reports or documents.
Section 419B.656 - Tribal customary adoption; rules; forms.
Section 419B.657 - Reports to Legislative Assembly.
Section 419B.660 - Conflict of laws.
Section 419B.663 - Full faith and credit.
Section 419B.800 - Applicability of ORS 419B.800 to 419B.929.
Section 419B.803 - Jurisdiction.
Section 419B.806 - Consolidation; when required; procedures.
Section 419B.809 - Petition; contents; form; dismissal.
Section 419B.812 - Issuance of summons; time for hearing on petition.
Section 419B.816 - Notice to person contesting petition to establish jurisdiction.
Section 419B.818 - Form of summons under ORS 419B.815.
Section 419B.822 - Form of summons under ORS 419B.819.
Section 419B.823 - Service of summons generally.
Section 419B.824 - Methods of serving summons.
Section 419B.833 - Proof of service of summons or mailing.
Section 419B.839 - Required and discretionary summons.
Section 419B.842 - When arrest warrant authorized.
Section 419B.845 - Restraining order when child abuse alleged.
Section 419B.846 - Service of restraining order.
Section 419B.848 - Process generally.
Section 419B.851 - Service of process; filing; proof of service.
Section 419B.854 - Computing statutory time periods.
Section 419B.857 - Pleadings; construction.
Section 419B.863 - Pleadings; captions.
Section 419B.866 - Signing pleadings required; effect of signing or not signing.
Section 419B.869 - Responding to pleadings; time limit.
Section 419B.872 - Amendment of pleadings.
Section 419B.878 - Judicial inquiry and finding regarding whether child is Indian child.
Section 419B.881 - Disclosure; scope; when required; exceptions; breach of duty to disclose.
Section 419B.884 - Depositions; procedure.
Section 419B.890 - Dismissal of petition at end of petitioner’s case; settlement conference.
Section 419B.893 - Subpoenas generally.
Section 419B.896 - Subpoena for production of books, papers, documents and other tangible things.
Section 419B.899 - Issuance of subpoena.
Section 419B.902 - Service of subpoena.
Section 419B.905 - Subpoena of incarcerated witness.
Section 419B.918 - Manner of appearance.
Section 419B.923 - Modifying or setting aside order or judgment.
Section 419B.926 - Stay of order or judgment pending appeal.
Section 419B.953 - Training and continuing education for caseworkers.